A Rancho
Tehama man has moved a step farther in his quest to make California officials
admit that private citizens have a right to bear arms under the U.S.
Constitution.

Don Bird
the 68-year-old, self-proclaimed patriot who filed suit against California
officials after the passage of several gun-control laws, has officially
received a docket number for his case in the United States Supreme Court.

"I've
beat the odds, I now have the key to the front door," said Bird.
"I've got a long way to go but the fact that they've accepted my writ is
just awesome, especially for a guy who's not an attorney."

Word
came early Wednesday that the docket number had been issued and according to
Bird he was "elated" when he heard the news that his journey was
coming to an end in the high court.

"I
almost fainted, I swear to God I just came unglued," said Bird. "I
can't tell you how happy I am."

With the
issuance of the docket number and the acceptance of the writ, Supreme Court
clerks will now begin reading Bird's suit and decide whether or not it will be
read by the justices and heard by the supreme law of the land.

"The
issuance of the docket number means a win-win situation, either way I'm going
to get a decision," said Bird. "I'm in the big building now and it's
all in the hands of the nine gods."

The
Second Amendment to the U.S. Constitution states "A well-regulated
militia, being necessary to the security of a free state, the right of the
people to keep and bear arms, shall not be infringed."

Those
words are what led Bird to file a Writ of Mandamus in U.S. District Court. The
lawsuit, filed against Gov. Gray Davis and various California legislators,
claims that the government has infringed upon his Second Amendment rights by
passing several gun-control laws that he says violate his private right to bear
arms.

In
November 2001, Bird filed a civil lawsuit in United States District Court in
Sacramento. The lawsuit demanded Gov. Gray Davis and state attorney general
Bill Lockyer "obey the oath (of office) and acknowledge the fact and exact
true wording of the Second Amendment." In his suit Bird has simply asked
for acknowledgement of his Second Amendment rights to keep and bear arms as a
private citizen. Bird has never sought monetary settlements in his suit.

With a
denial of the Writ of Mandamus at the U.S. District Court, Bird was able to
take his case of the Ninth Court of Appeals in San Francisco.

In March
of 2002 Bird was told by U.S. Magistrate Judge Gregory G. Hollows that
"neither the Second nor the Ninth Amendment to the United States
Constitution grants a private right to bear arms."

After an
appeal the Court in turn refused to rule on Bird's petition. In their sole
comments on the case the court said that to the best of their knowledge
"no related cases are pending."

The
Ninth Amendment to the U.S. Constitution reads "The enumeration in the
Constitution, of certain rights, shall not be construed to deny or disparage
others retained by the people."

That led
Bird to seek the help of the Supreme Court where he hopes his case will be
heard by the nine presiding justices. Earlier this year he prepared a 24-page
Petition for Writ of Certiorari and submitted it to the Supreme Court, asking
that they either issue a ruling on his case or order the Ninth Circuit to
render a decision.

According
to Bird the Ninth Circuit Court of Appeals is the most overturned circuit court
in the United States. Coincidentally it is also the court that ruled the word
God should be stricken from the Pledge of Allegiance

Bird,
who has not utilized the services of an attorney in his courtroom quest for
acknowledgement of his rights, hopes his case is heard by the Supreme Court
sometime this year. In the past 20 months Bird has traversed the U.S. judicial
system taking his lawsuit through the U.S. District Court to the Ninth Circuit
Court of Appeals and now to the Supreme Court.

Bird has
labored on the case for more than two years now. According to the former
Marine, he did all his own legal work and writing. Bird also funded the suit
entirely on his own at an estimated cost of $5,000 for filing, refiling and
copy costs.

He will
now wait anywhere from a matter of months to a year to be notified whether or
not the court will hear the case or if they will send it back to the ninth
circuit. He say's he is confident that the court will view his case and make
some type of decision.

"I
am confident that the Supreme Court Justices will hear my case," said
Bird. "For two reasons, first they disdain the Ninth Circuit and love to
prove them wrong and second because it is a first impression case."

According
to Bird the Supreme Court has not made an important or impacting decision
regarding the 2nd Amendment in more than six decades.

The
proud former Marine says after his work is done in the big court he plans to
write a book. He say's he has been approached by several individuals who
encouraged him to put his views into a print and he has decided to take their
advice.

He has
also said that the two-year experience has been worth all the hard work.
"Persistence pays off," said Bird.

Bird,
who is a man dedicated to changing policy rather than complaining about it,
says he has filed his lawsuit in part to motivate others.

"I
just want people to realize that they can make a difference," said Bird.
"I want people to get off their fannies and get involved. Fight back a
little bit!"